The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of the act identical to the facts charged by the Defendant by misunderstanding the legal principles, the victim was not in a state of mental and physical loss or resistance by shouldering.

Even if it is not so, since the victim did not know that he was frozen at the time and did not actively resist the situation, the defendant was unable to recognize the mental and physical loss or resistance of the victim, and there was no intention to engage in sexual intercourse by using it.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, on the grounds that the statement of the victim without credibility is mainly admissible.

B. Sentencing of the lower court’s sentencing (one year and six months of imprisonment, and forty hours of order to complete a program) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of the facts or misapprehension of the legal doctrine, the Defendant also asserted the same as the grounds for appeal.

2) The lower court, consistent with the consistent, specific, and objective circumstances, found credibility of the victim’s police statements and the lower court’s legal statements consistent with the facts charged.

After determining the facts charged, the court found the victim guilty by taking full account of the circumstances of the victim's statement, the circumstances before and after the crime, and the circumstances of the damage report.

3) In full view of the circumstances based on which the lower court found the Defendant guilty and the following circumstances revealed by the evidence duly adopted and investigated at the lower court, the victim was in a state of mental and physical loss or resistance impossible for the victim at the time of the same act as the Defendant’s charges and was willing to have sexual intercourse by recognizing the victim’s status and using the victim’s status.

Recognized.

The judgment of the court below to the same purport is just, and there is no error of misunderstanding of facts or misunderstanding of legal principles.

This part of the defendant's assertion is without merit.

(1) Details of the judgment below.